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REPORT TO: Honorable Mayor and City Commission
FROM: Andrew Epple, Planning Director
Chris Kukulski, City Manager
SUBJECT: Baxter Meadows Phase 6 PUD Major Subdivision, #P-06015
MEETING DATE: Monday, May 15, 2006
BACKGROUND: An application to subdivide — 11 acres into —49 single household lots, 3 multi-
household lots, roads, alleys, park and open space areas on property legally described as a portion
of Tract 2A in COS 2202A, located in the SE '/4 of Section 34, T1S, R5E, PMM, City of Bozeman,
Gallatin County, Montana. The property is zoned is R-3 (Residential Medium Density District) and
B-2 (Community Business District).
UNRESOLVED ISSUES: Compliance with 2020 Plan—The continuing expansion of residential
uses within the Community Commercial area with limited commercial uses calls into question the
compliance with the Bozeman 2020 Community Plan. The residential component described in the
Bozeman 2020 Community Plan is intended to be located on second or subsequent floors above the
commercial components. Staff required the following condition on the PUD Plan approval:
P. The final PUD plan shall ensure that a majority of the Community Commercial
designated area is developed in compliance with the dominant commercial uses described in
the Bozeman 2020 Community Plan. Possible alternatives to comply with this condition
include establishment of a required commercial land use FAR that is 2 or 3 times greater
than the typical FAR of .25 or .3:1 (i.e. 1:1) on equal square footage east of Vacquero
Parkway in exchange for the ability to develop Block 14 in ground floor residential uses, or
amend the Bozeman 2020 Community Plan with a corresponding zone map amendment.
Commercial land uses means those uses indicated as "Principal Uses" within the B-2 zone.
RECOMMENDATION: The City Commission approves application #P-06015 with relaxations
#1 through#5, and#7 through#11, and with the conditions of approval outlined in the staff report.
ALTERNATIVES: As suggested by the City Commission.
Respectfully submitted,
Andrew Epple, Planning Director Chris Kukulski, City Manager
Attachments: Planning Board Staff Report.
Planning Board Resolution.
Planning Board Minutes.
Applicant's Submittal Materials.
Report Compiled on May 9,2006
COMMISSION STAFF REPORT
BAXTER MEADOWS PHASE 6 PUD PRELIMINARY PLAT FILE NO. P-06015
Item: Subdivision Preliminary Plat Application 9P-06015, to subdivide — 11
acres into 49 single household lots,3 multi-household lots,roads,alleys,
park land and open space on property legally described as a portion of
Tract 2A in COS 2202A, located in the SE '/4 of Section 34, T1S, R5E,
PMM, City of Bozeman, Gallatin County, Montana.
Owner: Baxter Meadows Development,LP,P.O.Box 81487,Billings,MT 59108.
Applicant: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718.
Date/Time: Before the Planning Board on Tuesday,April 18,2006 at 7:00 p.m.in the
Commission Meeting Room at City Hall, 411 East Main Street,
Bozeman, Montana, and before the City Commission on Monday,May
15, 2006 at 6:00 p.m., in the Community Room, Gallatin County
Courthouse, 311 West Main Street, Bozeman, Montana.
Report by: Lanette Windemaker, AICP: Contract Planner.
Recommendation: Conditional Approval.
PROJECT LOCATION
The subject property is described as — 11 acres of land located northeast of the intersection of
Ferguson Avenue and Galloway Street,is legally described as a portion of Tract 2A in COS 2202A,
located in the SE '/4 of Section 34, TIS, R5E, PMM, City of Bozeman, Gallatin County, Montana.
The property is zoned is R-3 (Residential Medium Density District)and B-2(Community Business
District). Please refer to the vicinity map on the following page.
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PROPOSAL
The applicant is requesting a Major Subdivision Preliminary Plat approval to subdivide— 11 acres
into—49 single household lots,3 multi-household lots,roads,alleys,park land and open space. The
subdivision would have access from Ferguson Avenue, Galloway Street and internal streets.
The necessary Preliminary Plat Supplements were submitted or waived by the Development Review
Committee (DRC).
The applicant has requested the following relaxations:
1.) Section 18.16.030,Lot Coverage;to allow a maximum lot coverage of not more than 52%of the
lot area for Bungalow Lots, and not more than 55% of the lot area for Village Lots. This
relaxation was approved in the previous two phases to the south and the following condition is
recommended.-
The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area,and minimum lot width for each lot.
2.) Section 18.16.030.C,Lot Coverage and Floor Area(RSLs);to allow affordable housing units to
exceed the floor area ratio 1:3.3 and to allow a maximum square footage of 1,575 square feet.
CAHAB recommends the following condition.
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 3,384 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 1,575 square feet of living
space or 900 if they are attached.
3.) Section 18.16.040, Lot Area; to allow Bungalow Lots to have a minimum lot area of 2,432
square feet and Village Lots to have a minimum lot area of 4,800 square feet. This relaxation
# P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 2
was approved in the previous two phases to the south and the following condition is
recommended:
• The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
4.) Section 18.16.040,Lot Width;to allow lots for single-household dwellings to have a minimum
lot width of 40 feet. This relaxation was approved in the previous two phases to the south and
the following condition is recommended:
• The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
5.) Section 18.16.050, Yards; to allow a minimum front yard of 10', and to allow a minimum rear
yard of 5' or 2'. This relaxation was approved in the previous two phases to the south and the
following condition is recommended:
• The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
6.) Section 18.42.040.D.1,Rights-of-Way for Pedestrians;to allow the yards adjacent to pedestrian
walks to be treated as side yards. Planning Staff recommends the following conditions:
• The pedestrian rights-of-way in Block 15 shall be widened to 30 feet.
• Lots adjacent to the 30-foot pedestrian rights-of-way in Block 15 shall have 5 foot side yard
setbacks adjacent to the walkways.
• The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
7.) Section 18.42.060.B.2.b,Rear Yard Utility Easements;to allow the rear yard utility easements to
be 5' or 0' when adjacent to a public alley. This relaxation was approved in the previous two
phases to the south and the following condition is recommended:
• The Final Plat shall include a table listing specific easements on each lot.
8.) Section 18.42.120,Mail Delivery; to allow the provision of an off-street area for mail delivery
outside of the subdivision but within the Baxter Meadows PUD. This relaxation was approved
in the previous two phases to the south, and there is currently a mailbox center located within
the Trakker Building.
9.) Section 18.42.180.C, Number of Restricted Size Lots Required; to allow the provision of a
minimum of 7.5 percent of the buildable net acreage dedicated to Restricted Size Lots (RSLs)
and to allow a RSL to be smaller than 5,000 square feet for single household detached dwellings.
CAHAB recommends the following condition:
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 3,384 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 1,575 square feet of living
space or 900 if they are attached.
10.) Section 18.42.180.D,Restrictions on Building Size;to allow dwellings constructed on RSLa
9 P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 3
to not be subject to the size restrictions of Section 18.16.030.B.L CAHAB recommends the
following conditions:
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 3,384 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 1,575 square feet of living
space or 900 if they are attached.
11.) Section 18.50.060, Frontage; to allow park land to have frontage along 33 percent of the
perimeter and to not provide the additional land area in the park to accommodate the off-street
parking which would have been provided by the additional length of perimeter streets.Planning
Staff recommends the following condition:
• Additional park land shall be provided in the amount calculated at 5,768 square feet (lot
frontage (—412 feet)x 14 feet(parking on both sides of road) =— 5,768 square feet, if the
frontage of the park changes, this number will be recalculated). It is preferable to see the
difference made up by expanding the East West PPW between Ferguson and Milkhouse to a
30' wide dedicated trail corridor.
• Additional park land, cash in lieu or additional improvements shall be provided to
compensate for the cost of construction of the parking.
ZONING DESIGNATION&LAND USES
The subject property is zoned R-3 (Residential Medium Density District) and B-2 (Community
Business District). The intent of the R-3,Residential Medium Density,district is to provide for the
development of one-to five-household residential structures near service facilities within the City.It
should provide for a variety of housing types to serve the varied needs of households of different
size,age and character,while reducing the adverse effect of nonresidential uses. The intent of the B-
2, Community Business District, is to provide for a broad range of mutually supportive retail and
service functions located in clustered areas bordered on one or more sides by limited access arterial
streets. The following land uses and zoning are adjacent to the subject property:
North: R-3 (Residential Medium Density District)and B-2(Community Business District)—Baxter
Meadows;unsubdivided.
East: B-2 (Community Business District)—Baxter Meadows Phase 213; Vida Urbana.
South: R-3(Residential Medium Density District)and B-2(Community Business District)—Baxter
Meadows Phases 21); dwelling units.
West: R-3 (Residential Medium Density District)—Baxter Meadows Phases 2C; dwelling units.
ADOPTED GROWTH POLICY DESIGNATION
The property is currently designated as"Residential"and"Community Commercial"in the Bozeman
2020 Community Plan.
Residential. This category designates places where the primary activity is urban density living
quarters. Other uses which complement residences are also acceptable such as parks,low intensity
home based occupations, fire stations, churches, and schools. The residential designation also
#P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 4
indicates that it is expected that development will occur within municipal boundaries which may
require annexation prior to development. The dwelling unit density expected within this
classification varies.It is expected that areas of higher density housing would be likely to be located
in proximity to commercial centers to facilitate the broadest range of feasible transportation options
for the greatest number of individuals and support businesses within commercial centers. Low
density areas should have an average minimum density of six units per net acre. Medium density
areas should have an average minimum density of twelve units per net acre. High density areas
should have an average minimum density of eighteen units per net acre. A variety of housing types
should be blended to achieve the desired density with large areas of single type housing being
discouraged. In limited instances the strong presence of constraints and natural features such as
floodplains may cause an area to be designated for development at a lower density than normally
expected within this classification.
All residential housing should be arranged with consideration given to the existing character of
adjacent development,any natural constraints such as steep slopes,and in a fashion which advances
the overall goals of the Bozeman 2020 Community Plan. The residential designation is intended to
provide the principal locations for additional housing within the Planning Area.
Community Commercial. Activities within this land use category are the basic employment and
services necessary for a vibrant community. Establishments located within these categories draw
from the community as a whole for their employee and customer base and are sized accordingly.A
broad range of functions including retail, education, professional and personal services, offices,
residences, and general service activities typify this designation.
The R-3 (Residential Medium Density District) zoning designation is consistent with the
"Residential"land use designation of the property.The B-2(Community Business District)zoning
designation is consistent with the"Community Commercial"land use designation of the property.
However,the continuing expansion of residential uses within the Community Commercial area with
limited commercial uses calls into question the compliance with the Bozeman 2020 Community
Plan. The residential component described in the Bozeman 2020 Community Plan is intended to be
located on second or subsequent floors above the commercial components. The appropriate method
of addressing compliance of the land use with the Bozeman 2020 Community Plan is through the
final PUD plan. At that time, the final PUD plan will be required to ensure that a majority of the
Community Commercial designated area is developed in compliance with the dominant commercial
uses described in the Bozeman 2020 Community Plan.
PRELIMINARY PLAT SUPPLEMENTS
A pre-application was reviewed in January of 2006. The applicant chose not to take the pre-
application to Planning Board and City Commission. The Development Review Committee
discussed utilities in the park, access to Ferguson Avenue, required relaxations, compliance with
park frontage requirements. Provided below is a summary review of the Preliminary Plat
Supplements submitted with the Preliminary Plat application.
A. Surface Water:
The Spring Ditch borders the subdivision on the east side. This watercourse has associated wetlands
#P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 5
and floodplain. As a result, any activity within the identified watercourse, wetlands area and/or
floodplain (i.e., road construction) will require applicable Section 310 and 404 Permits and/or
Floodplain Development Permits.
B. Floodplains:
The floodplain of the Spring Ditch is located within the linear park/open space area,and is required
to be noted on the plat.
C. Groundwater:
High groundwater depths have been found in the area. Therefore,staff finds it necessary to note on
the final plat that there is the potential for seasonal high ground water tables within the area of the
subdivision.In addition,buildings proposed for construction with crawl spaces or basements shall be
required to submit with each Building Permit an Engineer Certification regarding depth of ground
water and soil conditions and proposed mitigation methods. Installation of municipal water and
sanitary sewer services will greatly reduce any concerns regarding the potential of groundwater
degradation.
D. Geology-Soils-Slopes:
There are no known geologic hazards associated with this site,with exception to the Seismic Zone 3
for earthquakes, which is common for the Bozeman area. No significant physical features or
topographical conditions have been identified,and no slopes in excess of fifteen percent(15%)grade
are evident.
Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations.
E. Vegetation:
In the area that has historically been in agricultural use there are no significant levels of mature
vegetation(trees and large bushes). The bulk of the vegetation on site consists of native grasses and
weeds.No critical plant communities are found within or adjacent to the proposed development. A
memorandum of understanding for control of county declared noxious weeds has been executed.
F. Wildlife:
Due to the agricultural history of the property,any potential impacts to wildlife and wildlife habitat
are limited to white-tailed deer,small mammals and birds. No known endangered species or critical
game ranges have been identified in the area.There are active wetlands on this property,which may
provide limited habitat for wildlife. The wetlands included in this phase of the development are
riverine-type wetlands which will be protected by the 50-foot watercourse setback.
G. Historical Features:
Due to the agricultural use of the property for many years, there is low likelihood of impact on
cultural properties. A cultural resource survey of the property was completed by Larry Lahren on
June 3, 2002.
H. Agriculture:
Historically, the subject property has been used for agricultural purposes with the majority of the
#P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 6
parcel in cultivated crops or pastureland.
L Agaricultural Water User Facilities:
No agricultural water use will be affected by this subdivision.
J. Water and Sewer:
An extension of municipal water mains in the area will provide water for domestic and fire
protection services. An extension of municipal sewage lines will provide for sewage collection and
disposal. Final approval of the water distribution system and sewage collection and disposal system
for this subdivision proposal will be obtained through the normal approval procedures of preliminary
and final plat review by the City Engineer's Office, Superintendent of Water/Sewer, and Montana
Department of Environmental Quality.
K. Stormwater Management:
The applicant's submittal information includes general storm drainage and grading concept.
However,the stormwater management plan will be subject to further engineering review as part of
the infrastructure plan and specification review process.
L. Streets,Roads, and Alleys:
Access to the subdivision will be from Ferguson Avenue,Galloway Street,and the proposed internal
streets. Ferguson Avenue is designated a Collector.
Access: Since Ferguson Avenue is a Collector is may be prudent limit driveway access. All lots in
this subdivision have alley access. Therefore no driveway access will be allowed Ferguson
Avenue.
Ca aci : Due to potential capacity issues based on the applicant's traffic study, the Engineering
Department has required all improvements identified as necessary in the Phase III traffic impact
analysis shall also be required for this phase.
Traffic Generation: The Traffic Impact Study is included in the applicant's submittal. Based on the
study this subdivision will generate as many as 883 average weekday trips.
Bicycle and Pedestrian Pathways,Lanes and Routes: According to the Bike Route Network of the
Greater Bozeman Area Transportation Plan(Figures 6-3 and 6-4),a bike lane is proposed along
Ferguson Avenue.
Trails: According to the Bozeman Area Trail Network of the Greater Bozeman Area Transportation
Plan (Figure 6-5), there is a future trail corridor extending from the southeast side to the
northwest side of the Baxter Meadows project. One link in that trail corridor is located adjacent
to the east side of this subdivision. As the Baxter Meadows development borders both the
regional park and school district property, and the Public Pedestrian Walkway(PPW)provides
the only East-West off road pedestrian connection between the Greenway Open Space and
Ferguson Ave., its design should receive special attention. The following conditions are
recommended:
#P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 7
• The offsets that occur in the PPW at Gallatin Green Blvd. and at the 20' alley should be
eliminated to provide improved continuity.
• The mid-block crossing at Ferguson Avenue shall have a painted pedestrian crossing with
crossing and advanced crossing signs at either end.
• Curb cuts shall be provided at all street/trail connections.
• A 30'trail easement for the East-West PPW would create a much safer,more attractive,and
user-friendly pedestrian passage.
• The pedestrian rights-of-way in Block 15 shall be widened to 30 feet.
M. Utilities:
No concerns were mentioned from any of the private agencies regarding the provision of service to
the proposed subdivision. All utilities servicing the subdivision will be provided by underground
services. The applicant has requested a relaxation from Section 18.42.060.B.2.b,Rear Yard Utility
Easements; to allow the rear yard utility easements to be 5' or 0' when adjacent to a public alley.
This relaxation was approved in the previous two phases to the south and the following condition is
recommended:
• The Final Plat shall include a table listing specific easements on each lot.
N. Educational Facilities:
Bozeman School District#7 has indicated that the current bus system can accommodate the students.
O. Land Use:
Baxter Meadows Phase 6 includes 49 lots for single-household residential use and 3 lots designated
for multi-family use. For affordable housing, the applicant has designated 9 RSLs. Per Section
18.42.180 of the Bozeman Unified Development Ordinance and the adopted growth policy, lands
subdivided shall have not less than a minimum net density of six dwelling units per acre. This R-3
portion of this subdivision has a net density of— 10.7 dwelling units per acre.
Relaxations: The applicant has requested the following land use related relaxations:
• Section 18.16.030,Lot Coverage;to allow a maximum lot coverage of not more than 52%of the
lot area for Bungalow Lots, and not more than 55%of the lot area for Village Lots.
• Section 18.16.040, Lot Area; to allow Bungalow Lots to have a minimum lot area of 2,432
square feet and Village Lots to have a minimum lot area of 4,800 square feet.
• Section 18.16.040,Lot Width;to allow lots for single-household dwellings to have a minimum
lot width of 40 feet.
• Section 18.16.050, Yards;to allow a minimum front yard of 10', and to allow a minimum rear
yard of 5' or 2'.
These relaxations were approved in the previous two phases to the south and the following condition
is recommended: The Final Site Plan shall include a table listing specific setbacks, maximum lot
coverage, minimum lot area, and minimum lot width for each lot.
• Section 18.42.040.D.1,Rights-of-Way for Pedestrians;to allow the yards adjacent to pedestrian
walks to be treated as side yards. Planning Staff recommends the following conditions:
• The pedestrian rights-of-way in Block 15 shall be widened to 30 feet.
• Lots adjacent to the 30-foot pedestrian rights-of-way in Block 15 shall have 5 foot side yard
setbacks adjacent to the walkways.
4 P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 8
• The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
• Section 18.42.120, Mail Delivery;to allow the provision of an off-street area for mail delivery
outside of the subdivision but within the Baxter Meadows PUD. This relaxation was approved
in the previous two phases to the south, and there is currently a mailbox center located within
the Trakker Building.
Affordable Housing Relaxations: The following relaxations have been requested:
• Section 18.16.030.C,Lot Coverage and Floor Area(RSLs);to allow affordable housing units to
exceed the floor area ratio 1:3.3 and to allow a maximum square footage of 1,575 square feet.
• Section 18.42.180.C, Number of Restricted Size Lots Required; to allow the provision of a
minimum of 7.5 percent of the buildable net acreage dedicated to Restricted Size Lots(RSLs)
and to allow a RSL to be smaller than 5,000 square feet for single household detached dwellings.
• Section 18.42.180.D,Restrictions on Building Size;to allow dwellings constructed on RSLa to
not be subject to the size restrictions of Section 18.16.030.B.1.
CAHAB recommends the following conditions:
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 3,384 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 1,575 square feet of living
space or 900 if they are attached.
P. Parks and Recreation Facilities:
Dedication: For 49 single-household lots, 1.47 acres of park land is required to be dedicated to the
City of Bozeman. For the B-2 lots, if the subdivider indicates that the net residential density of
development is unknown,then the equivalent to an area dedication for six dwellings per net acre
shall be provided as cash-in-lieu,and the number of dwelling units per lot for which cash-in-lieu
has been paid shall be designated on the plat.The Home Owners Association must maintain the
park area until such time a City-wide Parks Maintenance District is established.
Frontage: The applicant is requesting a relaxation of Section 18.50.060,Frontage;to allow park land
to have frontage along 33 percent of the perimeter and to not provide the additional land area in
the park to accommodate the off-street parking which would have been provided by the
additional length of perimeter streets. There are several UDO code provisions that the applicant
must comply with when there are streets along less than 100 percent of the perimeter of the park:
• Per Section 18.50.060, the trail system around the perimeter of the park land shall be
constructed by the subdivider to provide direct pedestrian access to the perimeters without
street frontage.
• Per Section 18.50.060, additional park land shall be provided in the amount calculated at
5,768 square feet (lot frontage (— 412 feet) x 14 feet (parking on both sides of road) _
5,768 square feet,if the frontage of the park changes,this number will be recalculated). It is
preferable to see the difference made up by expanding the East West PPW between Ferguson
and Milkhouse to a 30' wide dedicated trail corridor.
• Per Section 18.50.060,the subdivider shall either develop the parking area or in lieu of the
constructed parking area,an equivalent dollar value of non-parking improvements within the
4 P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 9
park are provided according to the individual park plan. The Recreation&Parks Advisory
Board Subdivision Review Committee is has suggested that this could also be additional park
land.
Waivers: The applicant is requesting a waiver of park dedication requirements pursuant to Section
18.50.100.A of the Bozeman Unified Development Ordinance to allow natural resources/critical
wildlife habitat (stream and wetlands) to meet the requirements for this subdivision. Staff
believes that it is appropriate for the natural resource area(stream and wetlands)to be used to
reduce the total parkland requirement.
PUD Open Space: Since all of the open space in this proposed subdivision is publicly accessible
with recreation pathways, only 16% of the non-dedicated portion of the project must be PUD
open space. — 8 acres of the project is non-dedicated land, requiring — 1.3 acres of publicly
accessible open space. The open space shall be landscaped by the applicant in a manner that
shall meet or exceed the standards of Chapter 18.48.
Park and Open Space Plan:The Preliminary Park Plan depicts a relatively passive park with benches
and sidewalks. The Unified Development Ordinance does not require the subdivider to install
any of the additional park amenities noted in the Preliminary Park Plan. However, due to the
PUD design and relaxation,the applicant shall be required to fully development the park. The
Master Park Plan must identify all improvements to be borne by the subdivider prior to
installation of improvements or final plat, whichever comes first. The Recreation and Park
Advisory Board Subdivision Review Commission and the Park and Recreation Superintendent
has reviewed the park plan and suggested that the following recommendations, conditions,
changes or additions be made to the Park Plan prior to submittal for review and approval by the
City Commission,with a recommendation from the Recreation and Parks Advisory Board:
• Sewer service is to be removed from the Park and the concrete"road"for servicing the sewer
is to be removed from the plan.
• The Park should be fully developed, including a playground, due the demographics of the
area and the lack of play structures available.
• Any barriers,such as fences,hedges,etc.,on private property adjacent to the park boundary
shall have a minimum setback of 6 feet from the edge of the park sidewalk to provide a
maintainable area.
• Curb cuts shall be provided at all street/trail connections.
• All sidewalks adjacent to park land shall be constructed to a 6 foot width.
• Compensation needs to be determined for lack of adequate street frontage on park. The
Public Park enjoys only 33% street frontage and compensation for the loss of parking and
accessibility is required. The amount has been calculated at 5,768 square feet(lot frontage(-
412 feet)x 14 feet(parking on both sides of road)_—5,768 square feet,if the frontage of the
park changes,this number will be recalculated)plus the cost of construction. It is preferable
to see the difference made up by expanding the East West PPW between Ferguson and
Milkhouse to a 30' wide dedicated trail corridor.
• Additional park land, cash in lieu or additional improvements shall be provided to
compensate for the cost of construction of the parking.
• A master plan,including a maintenance plan, shall be completed and submitted to the City
Parks Division for review and approval.
# P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 10
• The developer shall be responsible for the development the park and trails, to include at a
minimum for park development, grading, 10 inches of amended soil,irrigation system with
water source, seeding and landscaping.
• Preconstruction meetings shall be held prior to all work to be done on park or trails.
• All materials and construction shall meet standards set by the City Parks Division.
• Cash in lieu shall be based on requirements in Section 18.50.030.
• Trails — As the Baxter Meadows development borders both the regional park and school
district property,and the Public Pedestrian Walkway(PPW)provides the only East-West off
road pedestrian connection between the Greenway Open Space and Ferguson Ave.,its design
should receive special attention.
o The offsets that occur in the PPW at Gallatin Green Blvd.and at the 20' alley should
be eliminated to provide improved continuity.
o The mid-block crossing at Ferguson Avenue shall have a painted pedestrian crossing
with crossing and advanced crossing signs at either end.
o A 30' trail easement for the East-West PPW would create a much safer, more
attractive, and user-friendly pedestrian passage.
• The subdivider should address maintenance of the public pedestrian walkways in Block 16
which show 6' sidewalks in a 10 or 12' easement with 2 or 3' lawn buffers on either side. At
this width, the buffers cannot be easily maintained. Either a larger buffer(6')minimum is
recommended,or covenants requiring a 6' setback from the sidewalk for any barriers,such as
fences, hedges.
O. Neighborhood Center Plan:
The neighborhood center for the Baxter Meadows PUD project will be located in the community
commercial area, and consists of a plaza.
R. Lighting Plan.
A Special Improvement Lighting District will be formed for the subdivision street lighting,subject to
the following conditions: Subdivision lighting SILD information shall be submitted to the Clerk of
Commission directly after Preliminary Plat approval in hard copy and digital form. The final plat
will not be deemed complete until the resolution to create the SILD has been approved by the City
Commission.
S. Miscellaneous:
This subdivision will have direct impact on the future Bozeman School District#7 middle school
site. Signage and bulb-outs will be used to help ensure pedestrian safety at the Ferguson Avenue and
Galloway Street intersection.
On or near the subdivision, there is no known health, safety hazards or other nuisances, such as
unpleasant odors, unusual noise, dust or smoke, with exception to the typical risks identified with
seismic activity.
4 P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report ll
STAFF FINDINGS/REVIEW CRITERIA
The basis for the City Commission's decision to approve,conditionally approve,or disapprove the
subdivision shall be whether the preliminary plat,public hearing if required,Planning Board advice
and recommendation,and additional information demonstrates that development of the subdivision
complies with this title, the City's growth policy, the Montana Subdivision and Platting Act, and
other adopted state and local ordinances, including, but not limited to, applicable zoning
requirements. The Montana Subdivision and Platting Act, Section 76-3-608, establishes the
following primary review criteria for the governing body to consider when evaluating subdivisions.
Planning Staff, the DRC, the WRB, the R&PAB Subdivision Review Committee and other
reviewing agencies have made comments in relation to those and other criteria as described below,
and have recommended conditions as outlined at the end of this Staff Report.
A. Effects on agriculture, agricultural water user facilities, local services, the natural
environment,wildlife and the wildlife habitat, and public health and safety.
1. Effects on Agriculture.
Historically,the subject property has been used for agricultural purposes with the majority of
the parcel in cultivated crops or pastureland.
2. Effects on Agricultural Water User Facilities.
No agricultural water use will be affected by this subdivision.
3. Effects on Local Services.
Water/Sewer: Water/Sewer services can be provided by extension and connection to the
municipal water and sewer systems.
Streets: Access to the subdivision will be from Ferguson Avenue, Galloway Street and the
proposed internal streets.
4. Effects on the Natural Environment.
The applicant's submittal information includes general storm drainage and grading concept.
The stormwater management plan will be subject to further engineering review as part of the
infrastructure plan and specification review process. Applicant has entered into an
agreement for a Noxious Weed Management and Revegetation Plan with the Gallatin County
Weed Board.
5. Effects on Wildlife and Wildlife Habitat.
Due to the agricultural history of the property,any potential impacts to wildlife and wildlife
habitat are limited to white-tailed deer, small mammals and birds. No known endangered
species or critical game ranges have been identified in the area.There are active wetlands on
this property,which may provide limited habitat for wildlife. The wetlands included in this
phase of the development are riverine-type wetlands which will be protected by the 50-foot
watercourse setback.
6. Effects on Public Health and Safety.
4 P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 12
Because municipal sewer will service development in the subdivision, the threat of
groundwater degradation from onsite sewage disposal will be eliminated. There are no
known, unmitigated natural or man-made hazards on this property.
B. Compliance with the following:
1. The survey requirements provided for in Part 4 of the Montana Subdivision and
Platting Act.
The subdivision complies or will comply with survey requirements of the Act.
2. The local subdivision regulations provided for in Part 5 of the Montana Subdivision
and Platting Act.
The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval, does not, in any way,
create a waiver or other relaxation of the lawful requirements of the Bozeman Municipal
Code or state law. The following requirements are standards of the Unified Development
Ordinance and shall be addressed on the final plat:
a. A qualified landscape professional shall either document that the current watercourse
setback planting plan meets the requirements of Section 18.42.100 or a watercourse
setback planting plan shall be prepared by a qualified landscape professional and shall be
reviewed and approved by the Planning Department prior to the commencement of
development or site preparation. The plan shall include a schedule for planting and
landscaping as outlined for Zone 1 and Zone 2 outlined in Section 18.42.100. Since the
watercourse setback in located adjacent to the park boundaries,this shall be included in
the Park Plan.
b. Section 18.42.180, the RSL designation shall be recorded on the individual lots in a
manner that will appear on a title search and include reference to the sunset provisions of
Section 18.42.180.
c. Documentation of satisfaction of park dedication requirements in accordance with
Section 18.50.020 shall be provided. For the B-2 lots,if the subdivider indicates that the
net residential density of development is unknown, then the equivalent to an area
dedication for six dwellings per net acre shall be provided as cash-in-lieu, and the
number of dwelling units per lot for which cash-in-lieu has been paid shall be designated
on the plat.
d. Per Section 18.50.090, executed waivers of right to protest creation of special
improvement districts(SIDs)for a park maintenance district shall be filed and of record
with the Gallatin County Clerk and Recorder prior to final plat approval. A copy of the
filed documents shall be submitted with the final plan.
e. Covenants,restrictions, and articles of incorporation for the creation of a homeowners'
association shall be submitted with the final plat application for review and approval by
4 P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 13
the Planning Office and shall contain, but not be limited to,provisions for assessment,
maintenance, repair and upkeep of common open space areas, public parkland/open
space corridors, stormwater facilities, public trails, snow removal, and other areas
common to the association pursuant to Chapter 18.72 of the Bozeman Unified
Development Ordinance.
f. Prior to final plan approval,a common area and facility maintenance plan and guarantee
shall be provided for the permanent care and maintenance of open spaces, recreational
areas, stormwater facilities and parking lots in accordance with Chapter 18.72 or the
Bozeman Unified Development Ordinance. The same shall be submitted to the city
attorney and shall not be accepted by the city until approved as to legal form and effect.
A draft of these documents must be submitted for review and approval by the Planning
Department at least 30 days prior to filing and recordation with the Gallatin County Clerk
and Recorder.
g. A table showing the computed park areas shall be included on the final plat pursuant to
Section 18.78.030.D. This table shall include but is not limited to detention/retention
areas, watercourse, wetlands, watercourse setbacks, park land, parking area and total
area.
h. Section 18.78.070.D requires a Final Park Plan to be approved by the City Commission,
with a recommendation from the Bozeman Recreation and Parks Advisory Board,prior
to Final Plat approval. Four bound copies of the plan shall be submitted to the Planning
Office for review prior to installation of any improvements or prior to Final Plat
submission, whichever comes first. The Park Plan shall address all of the criteria
outlined in Section 18.78.060.P.
• The Wetlands Asset evaluation indicates that over time, the wetlands areas will
require shrub and tree replacement,and bi-to tri-yearly weed control measure. This
needs to be addressed in the Final Park Plan.
i. The Final Plat shall conform to all requirements of the Bozeman Unified Development
Ordinance and the Uniform Standards for Final Subdivision Plats and shall be
accompanied by all required documents, including certification from the City Engineer
that as-built drawings for public improvements were received,a platting certificate,and
all required and corrected certificates. The Final Plat application shall include four(4)
signed reproducible copies on a 3 mil or heavier stable base polyester film (or
equivalent);two(2)digital copies on a double-sided,high density 3-1/2"floppy disk;and
five (5)paper prints.
j. Pursuant to Section 18.06.040.D.6,conditional approval of the Preliminary Plat shall be
in force for not more than one calendar year for minor subdivisions,two years for single-
phased major subdivisions and three years for multi-phased major subdivisions. Prior to
that expiration date,the developer may submit a letter of request for the extension of the
period to the Planning Director for the City Commission's consideration. The City
Commission may,at the written request of the developer,extend its approval for no more
than one calendar year, except that the City Commission may extend its approval for a
4 P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 14
period of more than one year if that approval period is included as a specific condition of
a written subdivision improvements agreement between the City Commission and the
developer,provided for in §18.74.060, BMC.
k. If it is the developer's intent to file the plat prior to installation, certification, and
acceptance of all required improvements by the City of Bozeman, an Improvements
Agreement shall be entered into with the City of Bozeman guaranteeing the completion
of all improvements in accordance with the Preliminary Plat submittal information and
conditions of approval. If the Final Plat is filed prior to the installation of all
improvements, the developer shall supply the City of Bozeman with an acceptable
method of security equal to 150%of the cost of the remaining improvements.
1. The applicant shall submit with the application for Final Plat review and approval, a
written narrative stating how each of the conditions of preliminary plat approval has been
satisfactorily addressed.
3. The local subdivision review procedure provided for in Part 6 of the Montana
Subdivision and Platting Act.
The hearings before the Planning Board and the City Commission have been properly
noticed, as required in the Bozeman Unified Development Ordinance. The notice was
mailed to all adjoining property owners by certified mail on April 3, 2006. The proposed
project was noticed in the Bozeman Daily Chronicle on April 2, 2006 and April 9, 2006.
C. The provision of easements for the location and installation of any planned utilities.
All utilities and necessary utility easements will be provided and depicted on the final plat.
D. The provision of legal and physical access to each parcel within the subdivision and the
required notation of that access on the applicable plat and any instrument of transfer
concerning the parcel.
All lots within the subdivision will have direct access to the dedicated public streets,or direct
access to a dedicated public alley right-of-way and a public pedestrian walkway corridor.
PUBLIC COMMENT
No public comments have been received to date.Any public comments received after the date of this
report will be distributed at the public hearing.
RECOMMENDED CONDITIONS OF APPROVAL
1. The CAHAB advises the City Commission to allow the developer to provide only 7.5%of the
net buildable area in RSL's subject to the following conditions. If these conditions are not
acceptable the CAHAB recommends that the City Commission deny the developer's requests.
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 3,384 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
4 P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 15
detached houses shall not exceed a maximum square footage of 1,575 square feet of living
space or 900 if they are attached.
2. The pedestrian rights-of-way in Block 15 shall be widened to 30 feet.
3. Lots adjacent to the 30-foot pedestrian rights-of-way in Block 15 shall have 5 foot side yard
setbacks adjacent to the walkways.
4. The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
5. Additional park land shall be provided in the amount calculated at 5,768 square feet(lot frontage
(—412 feet)x 14 feet(parking on both sides of road)_—5,768 square feet,if the frontage of the
park changes,this number will be recalculated).It is preferable to see the difference made up by
expanding the East West PPW between Ferguson and Milkhouse to a 30' wide dedicated trail
corridor.
6. Additional park land,cash in lieu or additional on-site park improvements shall be provided to
compensate for the cost of construction of the parking.
7. A street and traffic control signage plan for the subdivision shall be prepared and implemented
upon review and approval by the City Engineer, this shall include no parking signage in the
alleys and notification of mid-block pedestrian crossing.
8. Sewer and water services shall be shown on the landscaping plan and park plan,and approved by
the Water/Sewer Superintendent.
9. Trees shall not be located within 10 feet of sewer and water services. The park plans need to
remove the trees being planted within 10 feet of water and sewer services.
10. Covenants shall address the requirements that a planting permit for street trees must be submitted
to the COB and utility locates obtained before any excavation begins in the COB right of way.
11. A concurrent construction plan that addresses all aspects of Section 18.74.030.D may be
submitted for review,evaluation and consideration by DRC. No occupancy shall be permitted
until required infrastructure improvements have been completed,and inspected and accepted by
the City, and all other conditions have been met.
12. The street vision triangle diagram shall be corrected to show all street vision triangles.
13. Water rights,or cash-in-lieu thereof,as calculated by the Director of Public Service,is due with
the final plat.
14. The following items shall be addressed in the Final Park Plan:
a. Sewer service is to be removed from the Park and the concrete"road"for servicing the
sewer is to be removed from the plan.
4 P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 16
b. The Park shall be fully developed.
c. Any barriers, such as fences, hedges, etc., on private property adjacent to the park
boundary shall have a minimum setback of 6 feet from the edge of the park sidewalk to
provide a maintainable area.
d. All sidewalks adjacent to park land shall be constructed to a 6 foot width.
e. Compensation needs to be determined for lack of adequate street frontage on park. The
Public Park enjoys only 33%street frontage and compensation for the loss of parking and
accessibility is required. The amount has been calculated at 5,768 square feet (lot
frontage(—412 feet)x 14 feet(parking on both sides of road)_—5,768 square feet,if the
frontage of the park changes, this number will be recalculated) plus the cost of
construction. It is preferable to see the difference made up by expanding the East West
PPW between Ferguson and Milkhouse to a 30' wide dedicated trail corridor.
f. Additional park land, cash in lieu or additional improvements shall be provided to
compensate for the cost of construction of the parking.
g. A master plan, including a maintenance plan, shall be completed and submitted to the
City Parks Division for review and approval.
h. The developer shall be responsible for the development the park and trails,to include at a
minimum for park development, grading, 10 inches of amended soil, irrigation system
with water source, seeding and landscaping.
i. Preconstruction meetings shall be held prior to all work to be done on park or trails.
j. All materials and construction shall meet standards set by the City Parks Division.
k. Cash in lieu shall be based on requirements in Section 18.50.030.
1. Trails—As the Baxter Meadows development borders both the regional park and school
district property,and the Public Pedestrian Walkway(PPW)provides the only East-West
off road pedestrian connection between the Greenway Open Space and Ferguson Ave.,its
design should receive special attention.
• The offsets that occur in the PPW at Gallatin Green Blvd.and at the 20' alley should
be eliminated to provide improved continuity.
• The mid-block crossing at Ferguson Avenue shall have a painted pedestrian crossing
with crossing and advanced crossing signs at either end.
• Curb cuts shall be provided at all street/trail connections.
• A 30' trail easement for the East-West PPW would create a much safer, more
attractive, and user-friendly pedestrian passage.
m. The subdivider should address maintenance of the public pedestrian walkways in Block
16 which show 6' sidewalks in a 10 or 12' easement with 2 or 3' lawn buffers on either
side. At this width,the buffers cannot be easily maintained. Either a larger buffer(6')
minimum is recommended,or covenants requiring a 6' setback from the sidewalk for any
barriers, such as fences,hedges.
15. The park shall be titled "Public Park". The open space shall be titled "Open Space, Public
Access". Notes shall be included on the plat describing ownership and maintenance
responsibility for both the park and open space, e.g.: public park, dedicated to the city and
maintained by the homeowners association; and open space, public access, owned by the
landowners, maintained by the homeowners association, etc.
9 P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 17
16. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly
after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
17. The owner shall executed and submit the following documents prior to final plan approval:
a. A certification of completion and compliance stating that they understand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions per Section
18.34.130.B.
b. A statement of intent to construct according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may result
in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C.
c. A certification that it is their intent to comply with the requirements of the Bozeman
Municipal Code and any conditions considered necessary by the approval body.
18. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
19. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases,the soils report may
address those lots within the proposed phase.
20. The owner shall executed and submit the following documents prior to final plan approval:
a. A certification of completion and compliance stating that they understand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions per Section
18.34.130.B.
b. A statement of intent to construct according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may result
in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C.
c. A certification that it is their intent to comply with the requirements of the Bozeman
Municipal Code and any conditions considered necessary by the approval body.
21. The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance.The applicant is advised that unmet code provisions,or code provisions
that are not specifically listed as conditions of approval,does not,in any way,create a waiver or
other relaxation of the lawful requirements of the Bozeman Municipal Code or state law.
22. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids,silt,oils,
grease and other pollutants from the runoff from the private and public streets and all lots must
be provided to and approved by the City Engineer.
4 P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 18
The master plan must depict the maximum sized retention basin location,show location of and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin site, drainage ways and finished lot grades), typical
stormwater detention/retention basin and discharge structure details,basin sizing calculations and
a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed to
be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff
generated by the subdivision (e.g., general lot runoff, public or private streets, common open
space, parks, etc.) shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,
the maximum sizing of the storm retention facilities for each lot will be established based on
maximum site development. Final facility sizing may be reviewed and reduced during design
review of the FSP for each lot.
23. Plans and specifications and a detailed design report for water and sewer main extensions,storm
sewer and the public street, prepared by a Professional Engineer, shall be provided to and
approved by the City Engineer and the Montana Department of Environmental Quality. The
Applicant shall also provide Professional Engineering services for construction inspection,post-
construction certification,and preparation of mylar record drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans and specifications have been
approved and a pre-construction conference has been conducted.
No building permits shall be issued prior to substantial completion and City acceptance of the
required infrastructure improvements unless all of the requirements of section 18.74.030.1)are
met to allow for concurrent construction.
24. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot
frontages,and related storm drainage infrastructure improvements shall be financially guaranteed
or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of the
plat recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot. This condition shall be
included on the final plat for the subdivision.
25. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
26. Flood plain:
a) The 100-year floodplain shall be delineated for the watercourse on the eastern boundary of
#P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 19
the subdivision. If flooding limits encroach onto proposed lots,it shall be noted on the final
plat along with a minimum floor elevation for the structures to be constructed on the lots.
b) The 100 year flood plain boundary and flood elevations must be depicted on the Final Plat.
27. The Montana Fish,Wildlife and Parks,SCS,Montana Department of Environmental Quality and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required
permits(i.e., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval.
28. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width,with
the utility located in the center of the easement. In no case shall the utility be less than 10 feet
from the edge of easement.
29. Project phasing shall be clearly defined including installation of infrastructure.
30. The developer shall make arrangements with the City Engineer's office to provide addresses for
all individual lots in the subdivision prior to filing of the final plat.
31. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for site
developments,or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
32. All construction activities shall comply with section 18.74.020.A.2.ofthe Unified Development
Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during the
construction to ensure any damages or cleaning that are required are complete. The developer
shall be responsible to reimburse the City for all costs associated with the work if it becomes
necessary for the City to correct any problems that are identified.
33. This property is in the Baxter Lane Signal payback district. The payback shall be made prior to
filing of the final plat.
34. All improvements identified as necessary in the phase III traffic impact analysis shall also be
required for this phase. All improvements must be installed or financially guaranteed prior to
filing of the plat for this phase. No building permits will be issued until all improvements
required for the phase are installed and accepted unless approved for concurrent construction. If
concurrent construction is utilized, no occupancy will be allowed until the improvements are
installed and accepted.
35. The sewer main to serve block 16 should be installed in the alley rather than the pocket park. All
other utilities shall be prohibited from being installed within the alley right of way if the sewer is
located there.
36. Easements shall be provided across lots 20,21,26,&28,of block 16 for the future maintenance
of the water services to lots 21 & 27, block 16. The easements in conjunction with the public
4 P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 20
pedestrian walkway corridor shall provide for a total width of 20'.
37. A 1' No Access Strip shall be shown on the plat along the entire frontage of Ferguson Avenue.
38. The COB design standards require a minimum of 6" crushed base course. The sections in the
geotechnical report only call for 5". Revise accordingly.
CONCLUSION/RECOMMENDATION
Pursuant to Section 18.06.040.1) of the Unified Development Ordinance,the Planning Board shall
review the preliminary plat and supplementary information to determine if the proposed plat is in
compliance or noncompliance with the adopted Growth Policy. The Planning Board shall act to
recommend approval,conditional approval or denial of the preliminary plat application. The Board
shall then provide advice and comments to the Bozeman City Commission for its consideration at its
Monday, May 15, 2006, hearing which begins at 6:00 p.m. The Planning Board Resolution #P-
06015 and minutes from the Planning Board's April 18,2006,meeting will be forwarded to the City
Commission and made a part of the Commission's record.
BECAUSE THIS APPLICATION IS FOR A MAJOR SUBDIVISION, THE BOZEMAN
PLANNING BOARD WILL MAKE A RECOMMENDATION TO THE BOZEMAN CITY
COMMISSION. THE CITY COMMISSION SHALL MAKE THE FINAL DECISION ON
THIS APPLICATION. THE DECISION OF THE CITY COMMISSION MAY BE
APPEALED BY AN AGGRIEVED PERSON AS SET FORTH IN SECTION 18.66 OF THE
UNIFIED DEVELOPMENT ORDINANCE.
Attachments: Preliminary Plat submittal dated March 7, 2006.
Planning Board Resolution#P-06015.
Planning Board Minutes dated April 18, 2006.
CAHAB Minutes dated April 19, 2006.
Cc: PC Development, 3985 Valley Commons Drive, Bozeman, MT 59718
Baxter Meadows Development, LP, P.O. Box 81487, Billings, MT 59108
#P-06015 Baxter Meadows Phase 6 PUD Preliminary Plat: Commission Staff Report 21
CAHAB Minutes from Meeting of 4-19-2006
In attendance were Board Members Brian LaMeres, Susie Gallaher,Verne
Klingensmith, and Mary Martin, and Mary Jo Nehasil Also in attendance were
Lanette Windemaker, City Planner; Caren Roberty and Tracy Blain, HRDC Staff
Mike McCormick builder in Baxter Meadows, and Harley Huestis, Project Manager
for PC Development
The CAHAB listened to a presentation by Harley Huestis and subsequently voted to allow the
relaxations as requested by the developer. Specifically the CAHAB recommended that Baxter
Meadows 6 be allowed to exceed the 1:3.3 lot to floor size ratio up to 1575 feet.
The CAHAB changed the decision,they had made on 4-12-2006 regarding the RSL's in
Baxter Meadows 6, due to additional information from the developer's representative.
1. Baxter Meadows 6 was a subsequent phase of a PUD authorized in 2000 and
that had been designed and built with a consistent theme that enhanced the development.
When the sub-division was designed RSR/RSU's were not required and the sub-division lay
out and building plans were not compatible with size restricted units. The property averaged
10 units per acre and at that density level, for detached dwellings,the layout of the sub-
division through subsequent phases left little or no room for changes to the building footprints
or positioning.
2. Although the single family detached RSUs were not affordable to the target
income groups identified in the City's housing policies,the RSV's were selling for between
$244,000 and $255,000 which was a lower price than most, new, single family detached
homes and therefore affordable to a population that was struggling to buy a new, single family
detached home in the current housing market.
3. Limiting the size of the RSL and/or RSU has not always resulted in homes
being constructed that are affordable to persons' whose income is below the area median
income.
The CAHAB then reviewed the pre-application for Baxter Meadows 4. The Developer was
not asking any relaxations for Phase 4. The CAHAB voted,to recommend to the City
Commission,that Baxter Meadows 4 met the City's affordable housing requirements as
outlined in the UDO.
w�A,a f �
RESOLUTION #P-05065
RESOLUTION OF THE CITY OF BOZEMAN PLANNING BOARD RECOMMENDING
CONDITIONAL APPROVAL OF A MAJOR SUBDIVISION PRELIMINARY PLAT
APPLICATION ON — 11 ACRES TO BE SUBDIVIDED INTO—49 RESIDENTIAL SINGLE-
HOUSEHOLD LOTS,3 MULTI-HOUSEHOLD LOTS AND SITE RELATED IMPROVEMENTS.
THE PROPERTY IS ZONED R-3 (RESIDENTIAL MEDIUM DENSITY DISTRICT)AND B-2
(COMMUNITY BUSINESS DISTRICT), AND IS GENERALLY LOCATED NORTHEAST OF
THE INTERSECTION OF FERGUSON AVENUE AND GALLOWAY STREET. THE
PROPERTY IS LEGALLY DESCRIBED AS A PORTION OF TRACT 2A IN COS 2202A,
LOCATED IN THE SE'/4 OF SECTION 34,T1 S,RSE,PMM,CITY OF BOZEMAN, GALLATIN
COUNTY, MONTANA.
WHEREAS, the City of Bozeman has adopted a Growth Policy pursuant to 76-1-601,
M.C.A.; and
WHEREAS, the City of Bozeman Planning Board has been created by Resolution of the
Bozeman City Commission as provided for in Title 76-1-101, M.C.A.; and
WHEREAS, the applicant, Baxter Meadows West, LLC, 3985 Valley Commons Dr.,
Bozeman, MT 59718; the owners, Baxter Meadows Development, LP, P.O. Box 81487, Billings,
MT 59108; and represented by PC Development, 3985 Valley Commons Drive, Bozeman, MT
59718, submitted a Major Subdivision Preliminary Plat Application on— 11 acres to be subdivided
into—49 single household residential lots, 3 multi-household lots and site related improvements on
property legally described as a portion of Tract 2A in COS 2202A.The property is situated in the SE
1/4 of Section 34, Tl S,RSE,PMM, City of Bozeman, Gallatin County, Montana; and
WHEREAS, the applicant is requesting the following eleven PUD relaxations; and
1. Section 18.16.030,Lot Coverage;to allow a maximum lot coverage of not more than 52%of
the lot area for Bungalow Lots, and not more than 55% of the lot area for Village Lots.
2. Section 18.16.030.C,Lot Coverage and Floor Area(RSLs);to allow affordable housing units
to exceed the floor area ratio 1:3.3 and to allow a maximum square footage of 1,575 square
feet.
3. Section 18.16.040,Lot Area; to allow Bungalow Lots to have a minimum lot area of 2,432
square feet and Village Lots to have a minimum lot area of 4,800 square feet.
4. Section 18.16.040, Lot Width; to allow lots for single-household dwellings to have a
minimum lot width of 40 feet.
5. Section 18.16.050, Yards; to allow a minimum front yard of 10', and to allow a minimum
rear yard of 5' or 2'.
6. Section 18.42.040.D.1, Rights-of-Way for Pedestrians; to allow the yards adjacent to
pedestrian walks to be treated as side yards.
7. Section 18.42.060.B.2.b, Rear Yard Utility Easements; to allow the rear yard utility
easements to be 5' or 0' when adjacent to a public alley.
8. Section 18.42.120, Mail Delivery; to allow the provision of an off-street area for mail
delivery outside of the subdivision but within the Baxter Meadows PUD.
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9. Section 18.42.180.C,Number of Restricted Size Lots Required;to allow the provision of a
minimum of 7.5 percent of the buildable net acreage dedicated to Restricted Size Lots
(RSLs) and to allow a RSL to be smaller than 5,000 square feet for single household
detached dwellings.
10. Section 18.42.180.D,Restrictions on Building Size;to allow dwellings constructed on RSLs
to not be subject to the size restrictions of Section 18.16.030.B.1.
11. Section 18.50.060, Frontage; to allow park land to have frontage along 33 percent of the
perimeter and to not provide the additional land area in the park to accommodate the off-
street parking which would have been provided by the additional length of perimeter streets.
WHEREAS,the applicant is requesting a waiver of park dedication requirements pursuant to
Section 18.50.100.A of the Bozeman Unified Development Ordinance to allow natural
resources/critical wildlife habitat (stream and wetlands) to meet the requirements for this
subdivision; and
WHEREAS,the proposed Major Subdivision Preliminary Plat Application has been properly
submitted, reviewed, and advertised in accordance with the procedures of Section 18.76 of the
Bozeman Unified Development Ordinance; and
WHEREAS,the City of Bozeman Planning Board held a public meeting on Tuesday,April
18, 2006, to receive and review all written and oral testimony on the request for said Major
Subdivision Preliminary Plat Application; and
WHEREAS,the City of Bozeman Planning Staff presented the staff report on the request for
said Major Subdivision Preliminary Plat Application; and
WHEREAS,due to the intent and design of this PUD as a neo-traditional development and
the history of project,with PUD relaxations#1, 3,4, and 5 approved in the previous two phases to
the south,the following condition is recommended; and
• The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
WHEREAS, the Community Affordable Housing Advisory Board recommended the
following on the PUD relaxations #2, 9, and 10; and
The CAHAB advises the City Commission to allow the developer to provide only 7.5% of the net
buildable area in RSL's subject to the following conditions.If these conditions are not acceptable the
CAHAB recommends that the City Commission deny the developer's requests.
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 3,000 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 1,200 square feet of living
space or 900 if they are attached.
WHEREAS, staff did not support the request for PUD relaxation #6 to allow the yards
adjacent to pedestrian walks to be treated as side yards,and recommended the following conditions;
and
• The pedestrian rights-of-way in Block 15 shall be widened to 30 feet.
2
P
• Lots adjacent to the 30-foot pedestrian rights-of-way in Block 15 shall have 5 foot side yard
setbacks adjacent to the walkways.
• The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
WHEREAS, staff supported the request for PUD relaxation#7 to allow the rear yard utility
easements to be 5' or 0' when adjacent to a public alley,and recommended the following condition;
and
• The Final Plat shall include a table listing specific easements on each lot.
WHEREAS, staff supported the request for PUD relaxation#8 to allow the provision of an
off-street area for mail delivery outside of the subdivision but within the Baxter Meadows PUD,and
recommended no applicable conditions; and
WHEREAS, due to the intent and design of this PUD as a neo-traditional development and
the history of project,staff recommended the following conditions in relation to the request for PUD
relaxation 11 to allow park land to have frontage along 33 percent of the perimeter and to not
provide the additional land area in the park to accommodate the off-street parking which would have
been provided by the additional length of perimeter streets; and
• Additional park land shall be provided in the amount calculated at 5,516 square feet (lot
frontage (— 394 feet) x 14 feet (parking on both sides of road) = 5,516 square feet, if the
frontage of the park changes, this number will be recalculated). It is preferable to see the
difference made up by expanding the East West PPW between Ferguson Avenue and
Milkhouse Street to a 30' wide dedicated trail corridor.
• Additional park land, cash in lieu or additional improvements shall be provided to
compensate for the cost of construction of the parking.
WHEREAS, staff supported the request for a waiver of park dedication requirements
pursuant to Section 18.50.100.A of the Bozeman Unified Development Ordinance to allow natural
resources/critical wildlife habitat (stream and wetlands) to meet the requirements for this
subdivision; and
WHEREAS, the applicant described the application, expressed concerns with three
recommended conditions of approval forwarded by various reviewing agencies and the Development
Review Committee, and code provisions in the staff report; and
WHEREAS,the applicant expressed concern with recommended condition of approval#14b,
explaining that there will be three playgrounds in the six pocket parks, and asks that the words
"including a playground"be stricken; and
WHEREAS, the applicant expressed concern with recommended condition of approval
#141(first bullet), explaining that engineering does not allow them to align the pedestrian walkways,
but that they would stripe and sign the walkways; and
WHEREAS,the applicant expressed concern with recommended condition of approval#1,
explaining that the bungalows are all built on the same foundation,therefore they have a cost savings
that keeps the bungalows at the lowest price point in the City,and that the additional square footage
3
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in the dwelling is the cheapest, and asks that condition#1 be changed to read as follows; and
The CAHAB advises the City Commission to allow the developer to provide only 7.5% of the net
buildable area in RSL's subject to the following conditions.If these conditions are not acceptable the
CAHAB recommends that the City Commission deny the developer's requests.
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 1,40 3,384 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 440 1,575 square feet of
living space or 900 if they are attached.
WHEREAS, no members of the public were present speaking in favor of or opposition to
said Major Subdivision Preliminary Plat; and
WHEREAS,members of the City of Bozeman Planning Board discussed the appropriateness
of supporting a project due to the historical approval of the design, and the problems with long
build-outs in PUD projects due to changing regulations and policies; and
WHEREAS, members of the City of Bozeman Planning Board discussed the safety issues
potentially created by the proximity of the houses to each other, the width of the alley, and the
proximity of the garages; and
WHEREAS,members of the City of Bozeman Planning Board discussed the affordability of
the units in this project; and
WHEREAS, members of the City of Bozeman Planning Board discussed the need for a
playground in the pocket park in this phase; and
WHEREAS, members of the City of Bozeman Planning Board discussed the need for the
uses developed in the B-2 area to be in compliance with the Bozeman 2020 Community Plan; and
WHEREAS,no members of the City of Bozeman Planning Board expressed opposition to
the staff conditions regarding the requests for PUD relaxations#1, 3, 4, 5, 6, 7, 8, and 11; and
WHEREAS, members of the City of Bozeman Planning Board discussed the CAHAB
recommended conditions regarding the requests for PUD relaxations #2, 9 and 10; and
WHEREAS,no members of the City of Bozeman Planning Board expressed opposition to
the staff support for the waiver of park dedication requirements for the natural resources(stream and
wetlands); and
WHEREAS, the City of Bozeman Planning Board reviewed the application against the
requirements of the Montana Subdivision and Platting Act, and found that the Major Subdivision
Preliminary Plat Application would comply with those requirements with the recommended
conditions of approval; and
WHEREAS, City of Bozeman Planning Board, on a vote of 7 to 0, recommends to the
Bozeman City Commission that Condition#14b be stricken from the list of conditions; and
4
WHEREAS, City of Bozeman Planning Board, on a vote of 6 to 1, recommends to the
Bozeman City Commission that Condition #1 be amended to read as follows; and
The CAHAB advises the City Commission to allow the developer to provide only 7.51/0 of the net
buildable area in RSL's subject to the following conditions.If these conditions are not acceptable the
CAHAB recommends that the City Commission deny the developer's requests.
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 3,4N 3,384 square feet.
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 4�3A9 1,575 square feet of
living space or 900 if they are attached.
NOW,THEREFORE,BE IT RESOLVED, that the City of Bozeman Planning Board,on a
vote of 6 to 1,recommends to the Bozeman City Commission that the— 1,1 acres to be subdivided
into — 49 lots for single household residential use, 3 lots for multi-household use and site related
improvements on property zoned R-3 (Residential Medium Density District) and B-2 (Community
Business District),which is generally located northeast of the intersection of Ferguson Avenue and
Galloway Street,on property legally described as a portion of Tract 2A in COS 2202A, and situated
in the SE 1/4 of Section 34, T1S, R5E, PMM, City of Bozeman, Gallatin County, Montana, be
approved with the 38 conditions which follow; and
1. The CAHAB advises the City Commission to allow the developer to provide only 7.5% of the
net buildable area in RSL's subject to the following conditions. If these conditions are not
acceptable the CAHAB recommends that the City Commission deny the developer's requests.
• RSLs for single household detached dwellings shall be smaller than 5,000 square feet, and
shall not be larger than 1,4N 3,384 square feet. (As amended by Planning Board)
• Affordable housing units may exceed the floor area ratio 1:3.3 and single-household
detached houses shall not exceed a maximum square footage of 44, N 1,575 square feet of
living space or 900 if they are attached. (As amended by Planning Board)
2. The pedestrian rights-of-way in Block 15 shall be widened to 30 feet.
3. Lots adjacent to the 30-foot pedestrian rights-of-way in Block 15 shall have 5 foot side yard
setbacks adjacent to the walkways.
4. The Final Site Plan shall include a table listing specific setbacks, maximum lot coverage,
minimum lot area, and minimum lot width for each lot.
5. Additional park land shall be provided in the amount calculated at 5,516 square feet(lot frontage
(—394 feet)x 14 feet(parking on both sides of road)=—5,516 square feet,if the frontage of the
park changes,this number will be recalculated).It is preferable to see the difference made up by
expanding the East West PPW between Ferguson Avenue and Milkhouse Street to a 30' wide
dedicated trail corridor.
6. Additional park land,cash in lieu or additional on-site park improvements shall be provided to
compensate for the cost of construction of the parking.
5
Baxter'.Meadows PUD Phase 6 Major Subdivision Preliminary Plat #P-06015
5 3 y 4j
7. A street and traffic control signage plan for the subdivision shall be prepared and implemented
upon review and approval by the City Engineer, this shall include no parking signage in the
alleys and notification of mid-block pedestrian crossing.
8. Sewer and water services shall be shown on the landscaping plan and park plan,and approved by
the Water/Sewer Superintendent.
9. Trees shall not be located within 10 feet of sewer and water services. The park plans need to
remove the trees being planted within 10 feet of water and sewer services.
10. Covenants shall address the requirements that a planting permit for street trees must be
submitted to the COB and utility locates obtained before any excavation begins in the COB right
of way.
11. A concurrent construction plan that addresses all aspects of Section 18.74.030.D may be
submitted for review,evaluation and consideration by DRC. No occupancy shall be permitted
until required infrastructure improvements have been completed,and inspected and accepted by
the City, and all other conditions have been met.
12. The street vision triangle diagram shall be corrected to show all street vision triangles.
13.Water rights,or cash-in-lieu thereof,as calculated by the Director of Public Service,is due with
the final plat.
14. The following items shall be addressed in the Final Park Plan:
a. Sewer service is to be removed from the Park and the concrete"road"for servicing the sewer
is to be removed from the plan.
• The Park should be fully developed, b
the area and the laek of„lay st..,,,.tUFeS aVailnhli. (Stricken by Planning Board)
c. Any barriers,such as fences,hedges,etc.,on private property adjacent to the park boundary
shall have a minimum setback of 6 feet from the edge of the park sidewalk to provide a
maintainable area.
d. All sidewalks adjacent to park land shall be constructed to a 6 foot width.
e. Compensation needs to be determined for lack of adequate street frontage on park. The
Public Park enjoys only 33% street frontage and compensation for the loss of parking and
accessibility is required. The amount has been calculated at 5,516 square feet (lot frontage
(---394 feet)x 14 feet(parking on both sides of road)=—5,516 square feet,if the frontage of
the park changes, this number will be recalculated) plus the cost of construction. It is
preferable to see the difference made up by expanding the East West PPW between Ferguson
Avenue and Milkhouse Street to a 30' wide dedicated trail corridor.
f. Additional park land, cash in lieu or additional improvements shall be provided to
compensate for the cost of construction of the parking.
g. A master plan, including a maintenance plan, shall be completed and submitted to the City
Parks Division for review and approval.
h. The developer shall be responsible for the development the park and trails, to include at a
minimum for park development,grading, 10 inches of amended soil, irrigation system with
water source, seeding and landscaping.
6
fkA I NARY
i. Preconstruction meetings shall be held prior to all work to be done on park or trails.
j. All materials and construction shall meet standards set by the City Parks Division.
k. Cash in lieu shall be based on requirements in Section 18.50.030.
1. Trails— As the Baxter Meadows development borders both the regional park and school
district property,and the Public Pedestrian Walkway(PPW)provides the only East-West off
road pedestrian connection between the Greenway Open Space and Ferguson Ave., its
design should receive special attention.
• The offsets that occur in the PPW at Gallatin Green Blvd. and at the 20' alley should be
eliminated to provide improved continuity.
• The mid-block crossing at Ferguson Avenue shall have a painted pedestrian crossing
with crossing and advanced crossing signs at either end.
• Curb cuts shall be provided at all street/trail connections.
• A 30' trail easement for the East-West PPW would create a much safer,more attractive,
and user-friendly pedestrian passage.
in. The subdivider should address maintenance of the public pedestrian walkways in Block 16
which show 6' sidewalks in a 10 or 12' easement with 2 or 3' lawn buffers on either side. At
this width, the buffers cannot be easily maintained. Either a larger buffer(6') minimum is
recommended, or covenants requiring a 6' setback from the sidewalk for any barriers,such
as fences, hedges.
15. The park shall be titled "Public Park". The open space shall be titled "Open Space, Public
Access". Notes shall be included on the plat describing ownership and maintenance
responsibility for both the park-and open space, e.g.: public park, dedicated to the city and
maintained by the homeowners association; and open space, public access, owned by the
landowners, maintained by the homeowners association, etc.
16. Subdivision lighting SILD information shall be submitted to the Clerk of Commission directly
after Preliminary Plat approval in hard copy and digital form. The final plat will not be deemed
complete until the resolution to create the SILD has been approved by the City Commission.
17. The owner shall executiand submit the following documents prior to final plan approval:
a. A certification.of completion and compliance stating that they understand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions per Section
18.34.130.B.
b. A statement of intent to construct accordin<(, to the final site plan. Such statement shall.
acknowledge that construction not in compliance with the approved final site plan may result
in delays of occupancy or costs to correct noncompliance per Section 18.34.130.C.
c. A certification that it is their intent to comply with the requirements of the Bozeman
Municipal Code and any conditions considered necessary by the approval body.
18. Buildings proposed for construction with crawl spaces or basements shall include Engineer
Certification regarding depth of ground water and soil conditions and proposed mitigation
methods to be submitted with each Building Permit. The Final Plat shall include a notation that
due to high ground water conditions full or partial basements are not recommended.
7
Baxter'.Meadows PUD Phase 6 Major Subdivision Preliminary Plat #P-06015
- RA NNl A
19. Applicant shall provide a soils report, along with building plans, to the Building Division,
recommending types of foundations. If development shall occur in phases,the soils report may
address those lots within the proposed phase.
20. The owner shall executed and submit the following documents prior to final plan approval:
a. A certification.of completion and compliance stating that they understand any conditions of
approval and the submitted final site plans or master site plan have complied with any
conditions of approval or corrections to comply with code provisions per Section
I8.34.130.B.
b. A statement of intent to construct. according to the final site plan. Such statement shall
acknowledge that construction not in compliance with the approved final site plan may result
in delays of occupancy or costs to correct noncompliance per Section 1.8.34.130.C.
c. A ceiti.f cation that it is their intent to comply with the requirements of the Bozeman
Muni.ci.pal Code and any conditions considered necessary by the approval body.
21. The final plat shall comply with the standards identified and referenced in the Unified
Development Ordinance. The applicant is advised that unmet code provisions, or code
provisions that are not specifically listed as conditions of approval,does not,in any way,create a
waiver or other relaxation of the lawful requirements of the Bozeman Municipal Code or state
law.
22. Stormwater Master Plan:
A Stormwater Master Plan for the subdivision for a system designed to remove solids,silt,oils,
grease and other pollutants from the runoff from the private and public streets and all lots must
be provided to and approved by the City Engineer.
The master plan must depict the maximum sized retention basin location, show location of and
provide easements for adequate drainage ways within the subdivision to transport runoff to the
stormwater receiving channel. The plan shall include sufficient site grading and elevation
information (particularly for the basin site, drainage ways and finished lot grades), typical
stormwater detention/retention basin and discharge structure details, basin sizing calculations
and a stormwater maintenance plan.
Any stormwater ponds located within a park or open space shall be designed and constructed to
be conducive to the normal use and maintenance of the open space. Stormwater ponds for runoff
generated by the subdivision (e.g., general lot runoff, public or private streets, common open
space, parks, etc.) shall not be located on easements within privately owned lots.
While the runoff from the individual lots will be dependent on the intensity of use on each lot,
the maximum sizing of the storm retention facilities for each lot will be established based on
maximum site development. Final facility sizing may be reviewed and reduced during design
review of the FSP for each lot.
23. Plans and specifications and a detailed design report for water and sewer main extensions,storm
sewer and the public street, prepared by a Professional Engineer, shall be provided to and
approved by the City Engineer and the Montana Department of Environmental Quality. The
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MLLIMINARY
Applicant shall also provide Professional Engineering services for construction inspection,post-
construction certification,and preparation of mylar record drawings. Construction shall not be
initiated on the public infrastructure improvements until the plans and specifications have been
approved and a pre-construction conference has been conducted.
No building permits shall.be issued prior to substantial completion and City acceptance of the
required infrastructure improvements unless all of the requirements of section 18.74.030.D are
met to allow for concurrent construction.
24. All infrastructure improvements including 1) water and sewer main extensions, and 2) public
streets, curb/gutter, sidewalks fronting parks, open space, rear yard frontages or other non-lot
frontages, and related storm drainage infrastructure improvements shall be financially
guaranteed or constructed prior to Final Plat approval.
City standard residential sidewalks shall be constructed on all public street frontages of a
property prior to occupancy of any structure on the property. Upon the third anniversary of the
plat recordation of any phase of the subdivision, any lot owner who has not constructed said
sidewalk shall, without further notice, construct within 30 days said sidewalk for their lot(s),
regardless of whether other improvements have been made upon the lot. This condition shall be
included on the final plat for the subdivision.
25. The location of existing water and sewer mains shall be properly depicted. Proposed main
extensions shall be noted as proposed.
26.Flood plain:
a) The 100-year floodplain shall be delineated for the watercourse on the eastern boundary of
the subdivision. If flooding limits encroach onto proposed lots,it shall be noted on the final
plat along with a minimum floor elevation for the structures to be constructed on the lots.
b) The 100 year flood plain boundary and flood elevations must be depicted on the Final Plat.
27. The Montana Fish,Wildlife and Parks,SCS,Montana Department of Environmental Quality and
Army Corps of Engineer's shall be contacted regarding the proposed project and any required
permits (Le., 310, 404, Turbidity exemption, etc.) shall be obtained prior to FSP approval.
28. Easements for the water and sewer main extensions shall be a minimum of 30 feet in width,with
the utility located in the center of the easement. In no case shall the utility be less than 10 feet
from the edge of easement.
29.Project phasing shall be clearly defined including installation of infrastructure.
30. The developer shall make arrangements with the City Engineer's office to provide addresses for
all individual lots in the subdivision prior to filing of the final plat.
9
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31. The applicant shall submit a construction route map dictating how materials and heavy
equipment will travel to and from the site in accordance with section 18.74.020.A.1 of the
Unified Development Ordinance. This shall be submitted as part of the final site plan for site
developments, or with the infrastructure plans for subdivisions. It shall be the responsibility of
the applicant to ensure that the construction traffic follows the approved routes.
32. All construction activities shall comply with section 18.74.020.A.2.of the Unified Development
Ordinance. This shall include routine cleaning/sweeping of material that is dragged to adjacent
streets. The City may require a guarantee as allowed for under this section at any time during
the construction to ensure any damages or cleaning that are required are complete. The
developer shall be responsible to reimburse the City for all costs associated with the work if it
becomes necessary for the City to correct any problems that are identified.
33. This property is in the Baxter Lane Signal payback district. The payback shall be made prior to
filing of the final plat.
34. All improvements identified as necessary in the phase III traffic impact analysis shall also be
required for this phase. All improvements must be installed or financially guaranteed prior to
filing of the plat for this phase. No building permits will be issued until all improvements
required for the phase are installed and accepted unless approved for concurrent construction. If
concurrent construction is utilized, no occupancy will be allowed until the improvements are
installed and accepted.
35. The sewer main to serve block 16 should be installed in the alley rather than the pocket park.
All other utilities shall be prohibited from being installed within the alley right of way if the
sewer is located there.
36. Easements shall be provided across lots 20,21,26,&28,of block 16 for the future maintenance
of the water services to lots 21 &27, block 16. The easements in conjunction with the public
pedestrian walkway corridor shall provide for a total width of 20'.
37. A 1' No Access Strip shall be shown on the plat along the entire frontage of Ferguson Avenue.
38. The COB design standards require a minimum of 6" crushed base course. The sections in the
geotechnical report only call for 5". Revise accordingly.
DATED THIS 18"DAY OF APRIL, 2006 Resolution#P-06015
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Andrew C. Epple, Planning Director JP Pomnipfi+ski, President
Planning & Community Development Dept. City of BLeman Planning Board
10
ITEM 5. PROJECT REVIEW
A. Major Subdivision Prel. Plat Application#P-06015 - (Baxter Meadows Phase 6). A Major
Subdivision Preliminary Plat Application requested by the property owners, Baxter
Meadows Development,represented by PC Development, to allow the subdivision of — 11
acres into —49 lots for single-household residential lots, 3 multi-household residential lots,
roads, alleys,park and open space areas. The property is legally described as a portion of
Tract 2A in COS 2202A, located in the SE 1/4 of Section 24, TIS, RSE, PMM, City of
Bozeman, Gallatin County, Montana. (Windemaker)
Contract Planner Lanette Windemaker presented the Staff Report. She explained the 11 requested
relaxations.
Planner Windemaker discussed condition#1, CAHAB's requested relaxations on the RSL lots,
which advises the City Commission to allow a 7% reduction- subject to conditions. However, if the
conditions are not met, CAHAB would most likely deny the relaxation as RSL lots would be smaller than
5,000 sq. ft.
Planner Windemaker discussed condition#14b, a condition which the applicant has requested to
be eliminated with the reasoning that there are 3 existing tot lots in Baxter Meadows.
Harley Heustis, applicant,reported that phase 6 is a continuation of the last two phases. He noted
they are not looking to do anything new, only continue what has already been done. He stated most of
the relaxations have been approved in the past with the previous phases.
Mr. Heustis noted conditions#14 and 435 required the sewer main to be moved from the pocket
park to the alley,which he plans to do. He noted the applicant concurs with conditions #2, #3, and#10.
He stated conditions#5, #6, and#14 are in regard to parking and are contradictory to what they have been
doing, but they will attempt to provide the extra parking.
Mr. Heustis stated three items he would like removed from the conditions. The first item is
condition#14B, which requires play equipment. He would rather leave the park passive and well
landscaped.
Mr. Heustis stated the second item the applicant would like removed is #I4L(first bullet),which
says offsets in the pedestrian walkways "should"be eliminated. The design of the lots and dwellings does
not allow elimination of the offsets, and he has discussed striping and signage with Ron Dingman.
Mr. Heustis stated the final item the applicant would like altered is condition 91, the RSL lots. He
noted there is a four part reasoning for altering the condition: 1) it has been approved in the past. Mr.
Heustis feels that he is meeting and exceeding what other subdivisions are doing by providing the most
inexpensive housing in Bozeman. 2) Changing the plan would be a hardship on the applicant,
contractors, and potential home buyers. The layout worked well in phase one as each home compliments
the other surrounding homes. 3) Changing this plan would incur a delay in building and the market ends
up not liking the houses as well. The proposed structures would be about the same price as a 1,575 sq. ft.
house, but with less livable space and less equity for the buyer. 4)Mr. Heustis requested that condition
#1 be stricken or modified to 3384 sq. ft. maximum lot size with a maximum 1575 sq. ft. house size.
City of Bozeman Planning Board Minutes—April 18,2006 3
President Pomnichowski OPENED THE MEETING FOR PUBLIC COMMENT, and hearing
none, she CLOSED THE PUBLIC COMMENT PORTION OF THE MEETING.
Mr. Caldwell asked the applicant to clarify the square footage of the RSL lots. He asked Mr.
Heustis if he was requesting a modification to condition#1 to a lot size of 3274 sq. feet. Mr. Heustis
replied he was requesting 3384 sq. ft.
Mr. Jarrett asked Planner Windemaker for code requirements on RSL lots as far as how many sq.
ft. can be built. She responded that a RSL detached lot should be no more than 5000 sq. ft., as the builder
is restricted to a 1:3.3 ratio, which comes out to be 1515 sq. ft. Mr. Jarrett then asked if the lot is smaller,
does one get a smaller house. Planner Windemaker responded that one would. She added that if one has
a 2500 sq. ft. lot, one would be restricted to a 758 sq. ft. house. Mr. Jarrett noted having a smaller house
is where CAHAB has a problem, as they want to bring that ratio down. He noted that if a fire started in a
house in phase one, with a wind, the whole block would burn. He stated the reduced setbacks and the 20
ft. alley are problematic, and he is not in favor of them. He added that he supported larger lots and larger
houses.
Mr. Sypinski asked for the proposed uses in the B-2 area of the phase. Planner Windemaker noted
the applicant specified multi-family,but they would address the commercial aspect at a later date. She
stated a decision has not been made. She noted one option is a multi-use, another option is placing a deed
restriction on land that would require two-story structures.
Mr. Caldwell asked Planner Windemaker what effect prior decisions have on current approvals.
He noted it seems to be a moving target, as the UDO is always changing. Planner Windemaker stated the
applicant does not receive approval for a concept plan. She noted there are no guarantees to an applicant
that any future phase will be approved as preceding ones were approved. Mr. Caldwell asked whether or
not long range PUD's should go beyond the two year period. Planner Windemaker stated it is a tough
question because things are changing all the time, and ultimately the City Commission will answer it.
President Pomnichowski asked about the groundwater and asked the applicant if he would have a
problem with prohibiting basements. Mr. Heustis answered that he would have a problem with that, as he
did not want to restrict basements. Planner Windemaker noted that the requirements for approval on a
basement are stronger than before, as a licensed professional engineer has to verify the feasibility of
adding a basement. President Pomnichowski inquired if the fire department had any issues with the 2 ft
rear yards. Planner Windemaker responded they did not. President Pomnichowski asked if the applicant
had considered a request for a variance in B-2 zoning. Planner Windemaker noted they would have to
apply for a conditional use permit rather than a variance. President Pomnichowski asked the applicant if
he had considered applying for a zone amendment. Mr. Heustis stated it has been discussed,but he
intended to provide live/work buildings and was, therefore, advised by the City Planning Office to request
B-2 zoning.
Mr. Kirchhoff asked the applicant about GVLT's concern for providing a safe route to the middle
school. Planner Windemaker responded that the trail system will most likely be utilized, though it is still
in draft form and has not been finalized. Mr. Kirchhoff asked if the applicant is willing to make that
commitment. Mr. Heustis noted they would consider it and they are designing plans for a safe route.
City of Bozeman Planning Board Minutes—April 18,2006 4
Mr. Jarrett asked what would happen if a builder bought 2 or 3 of the RSL lots and construct a
larger house. Planner Windemaker stated that he would have to aggregate the lots into one lot; however,
an RSL lot is a deed restricted and buying more than one lot to build a bigger home is simply not an
option. The applicant noted the deed restriction applies to the house size as well.
MOTION: Mr. Henyon moved,Mr. Jarrett seconded, to strike condition#14B.
Mr. Caldwell stated he had an issue with a long term, multifaceted PUD and whether the planning
board should contemplate them. Mr. Sypinski noted the board should not base their decisions on historic
decisions, even within the same subdivision,because codes change. Mr. Kirchhoff noted changes have
come from both the applicant and the City. He used the example of the 100 acre park —which was not
originally planned. Mr. Jarrett noted developers progress through a PUD process and then, when they
start doing phases, the planning board, etc. will get to review them. He stated as times change, it's not
only the policies,but also the PUD that changes.
The motion carried 7-0.
MOTION: Mr. Caldwell moved, Mr. Kirchhoff seconded, to recommend the RSL lots to be no
larger than 3384 sq. ft. with a maximum structure size of 1575 sq. ft.
Ms. Roberty stated when CAHAB originally proposed smaller houses on smaller lots, it was to
create more affordable homes in Bozeman. She noted in some cases, it worked, in others it didn't. She
noted CAHAB is waiting to change their requirements until there are changes in the UDO to bring
affordability to Bozeman. She continued Baxter Meadows Phase 6 will bring affordable housing to
Bozeman. She stated CAHAB has worked with a number of developers who want to supply more
affordable housing.
Mr. Jarrett concurred with Mr. Kirchhoff, if the applicant decides that the market will produce the
same profit margin for a smaller home, it will be built that way. He stated he favored the motion.
The motion carried 6-1,with Ms. Roberty voting in opposition.
President Pomnichowski called for a motion regarding the entire application.
MOTION: Mr. Kirchhoff moved,Mr. Jarrett seconded, to recommend approval of application,
#P-06015, subject to the staff conditions as amended by the planning board. The motion carried 6-1,with
Ms. Roberty voting in opposition.
B. Minor Subdivision Pre-Application#P-06013 - (Commerce Business Park). A Minor
Subdivision Pre-Application requested by the applicant,JWT Capital, LLC, representing
the property owners, State of Montana School Trust, to allow the subdivision of 45.11
acres into 5 parcels. The property is in the process of being annexed into the City of
Bozeman and re-zoned M-1 (industrial use). The property is located north of the 7t"
Street/Interstate 90 Interchange within the City of Bozeman. (Saunders)
City of Bozeman Planning Board Minutes-April 18,2006 5